Detailed answer — step‑by‑step under Louisiana law

When a person dies without a will in Louisiana, their estate is settled through a succession proceeding in the district court of the parish where the decedent was domiciled. The court appoints a personal representative (often called an administrator in an intestate estate) to collect assets, pay debts, and distribute property according to Louisiana intestate succession rules. If your spouse died intestate and other family members are uncooperative, you still can ask the court to appoint you. Below are practical, law‑based steps and what to expect.

1. Identify the correct court and file the petition

File a Petition for Administration of Succession (sometimes called a Petition to Open Succession or Petition for Possession and Administration) in the District Court of the parish where the decedent lived. The clerk of court in that parish can provide local form names and filing requirements. The petition asks the court to open the succession, recognize the heirs, and appoint an administrator.

2. Who the court will consider for appointment

The court will consider persons entitled under Louisiana succession law. A surviving spouse is a primary heir whose rights depend on community property and other heirs (children, parents, siblings). If you qualify as an heir under the Civil Code, the court commonly appoints you, especially when you request appointment and no one with a stronger statutory priority appears. If family members contest, the court will hold a hearing and decide based on the law and evidence about heirship and priority.

3. What paperwork and proof to bring

• Certified death certificate.
• Marriage certificate or proof of marriage/relationship.
• Photo ID and proof of your domicile.
• Documents showing the decedent’s assets (bank statements, deeds, vehicle titles, insurance policies).
• Any available information proving the names and addresses of other potential heirs.

4. Notice, publication and service

Louisiana procedure requires notice to heirs and sometimes publication so unknown creditors or heirs can appear. If family members refuse to cooperate, the court can still require service by sheriff or process server and can order publication in a local newspaper if a party’s address is unknown. You do not need voluntary cooperation for the court to give you appointment if notice and other requirements are met.

5. Bond, inventory, and interim powers

The court may order the administrator to post a bond to protect the estate. In some successions, heirs may waive the bond by written consent; if heirs refuse or if the court has concerns, the judge may require a bond. Once appointed, an administrator has authority to marshal assets, pay pressing expenses, and take steps to preserve property (for example, secure a home or pay mortgage to avoid foreclosure). The court can issue temporary orders to preserve estate assets if immediate action is needed.

6. If family opposes your appointment

Opposition is resolved at a court hearing. The judge evaluates statutory priority, evidence of heirship, and fitness to serve. If the court finds a statutory heir has higher priority or that you are unfit, it may appoint someone else or a neutral administrator. If family members use delay tactics, ask the court for interim relief—temporary administration powers or an appointment pending final resolution—to preserve assets.

7. Timeline and next steps after appointment

After appointment, the administrator must file an inventory and appraisement, notify creditors, pay valid debts and taxes, and distribute the remaining assets to heirs under Louisiana intestate succession rules. The length of the succession depends on asset complexity, creditor claims, and whether heirs contest distributions.

8. Where to find Louisiana statutes and local rules

Louisiana’s rules on succession and intestate heirs are in the Louisiana Civil Code and court procedure is handled through parish district courts. For the text of statutes and to locate specific articles, use the Louisiana Legislature’s site (search results for succession and intestate succession):

• Louisiana Legislature — search results for “succession”
• Louisiana Legislature — search results for “intestate”

For parish‑specific filing rules and forms, contact the clerk of district court in the parish where your spouse lived. Clerks often provide succession packet checklists and local fee information.

9. When to consider hiring an attorney

If family members actively oppose you, if the estate is large or complicated (real estate, business interests, tax exposure), or if there are contested creditor or heirship claims, you should consult a Louisiana succession attorney. An attorney can prepare the petition, argue priority at a hearing, ask for temporary orders to preserve assets, and handle bond and accounting requirements.

10. Practical example (hypothetical)

Hypothetical: Jane is the surviving spouse. Her husband died without a will and his siblings refuse to sign any forms or help locate assets. Jane files a Petition to Open Succession in the parish where they lived, lists herself as survivor and heir, provides a certified death certificate and marriage certificate, requests appointment as administrator, and asks the court for a temporary order to secure the family home. The court issues notice to known heirs by sheriff and orders publication for unknown heirs. The siblings oppose, but after a hearing the judge appoints Jane as administrator because she is a surviving spouse with clear entitlement and the court finds no one with a superior statutory claim.

Helpful Hints

• Start quickly. File to open the succession soon after death to protect property and avoid creditor problems.
• Gather documents before filing: death certificate, marriage certificate, IDs, deeds, bank account info, and insurance policies.
• Contact the parish district court clerk for local forms and fee schedules.
• If you expect disputes, ask the court for temporary authority to preserve property (lockbox for keys, pay mortgages, secure vehicles).
• Be prepared to post a bond if heirs don’t consent; the court uses bonds to protect estate creditors and heirs.
• Keep a written log of communications with uncooperative family members; rely on court process (service by sheriff) instead of informal arrangements.
• Keep copies of every document filed with the court and every receipt for estate expenses.
• If money or real property is at imminent risk, ask the court for emergency relief (temporary administrator or receiver) as soon as you file.
• Even if you intend to handle the succession yourself, get a short consultation with a succession attorney — a lawyer can point out local practice and help you avoid costly procedural mistakes.

Final note: This article explains general Louisiana procedures. It is not legal advice. For guidance about your particular situation, contact a licensed Louisiana attorney or the district court clerk in the parish where the decedent resided.